Florida Expungement
Eligibility Checker

In Florida, a misdemeanor expungement requires a 10-year waiting period after completing your sentence, a $75 court filing fee, and — in most cases — no new criminal charges during that period. Qualifying felonies become eligible after 10 years.

The governing statute is Fla. Stat.

§ 943.0585. Florida has one of the most restrictive expungement systems.

Only one expungement is allowed per lifetime. The process involves Florida Department of Law Enforcement (FDLE) approval before court filing.

Many offense categories are categorically ineligible.

Expunging a criminal record in Florida can open doors to employment, housing, professional licensing, and education — all of which background checks routinely flag. A single misdemeanor conviction can disqualify applicants from jobs, apartments, and professional licenses even decades after the offense.

Florida requires a court petition to obtain expungement — it is not automatic. You must file the appropriate forms, pay the filing fee, and attend a hearing if required.

Florida's highly restrictive expungement system (one expungement per lifetime, FDLE pre-approval required) places special importance on choosing the right case for petition. Florida's Corcoran v.

State line of cases established that courts have limited discretion to grant exceptions. Florida's Amendment 4 (2018) restored voting rights for most people with felony convictions after completing their sentence (excluding murder and sex offenses), but does not affect record accessibility.

Florida's private employers are not covered by a statewide ban-the-box law, though Miami-Dade County adopted one in 2019.

• To be eligible for expungement in Florida, you generally must: (1) have completed all terms of your sentence including probation and fines
• (2) wait 10 years after completing your sentence for misdemeanors and 10 years for qualifying felonies
• and (3) have no new criminal charges or convictions during the waiting period.

• Florida categorically excludes certain offenses from expungement eligibility. These typically include: sexual offenses and crimes requiring sex offender registration
• violent felonies
• crimes against children
• DUI/DWI convictions in most cases
• and offenses with mandatory minimum prison sentences.

Drug offenses in Florida face additional restrictions on expungement eligibility. Consult an attorney to determine if your specific drug conviction qualifies.

The Florida expungement process typically involves: (1) obtaining your official court records and criminal history; (2) determining eligibility based on offense type, waiting period, and sentence completion; (3) completing the petition form and gathering supporting documents; (4) filing with the appropriate Florida court and paying the $75 filing fee; (5) serving notice on the prosecutor and law enforcement agencies; and (6) attending any scheduled hearing.

After filing, the prosecutor's office receives notice and has the opportunity to object. If no objection is filed and the judge finds you meet the criteria, the expungement order will be issued.

You will then need to follow up to ensure all agencies (police, state criminal records bureau, federal databases) have removed or sealed the record.

Processing times in Florida typically range from 2 to 6 months from filing to final order, depending on the court's docket and whether any objections are filed. Some jurisdictions in Florida move faster; busy urban courts may take longer.

Florida's expungement law seals records from public access, but some government agencies and law enforcement may retain access to sealed records. The practical effect is that standard background checks used by employers and landlords should not reveal expunged records.

Even after expungement in Florida, certain entities may still access the sealed records: federal law enforcement agencies (FBI, ICE), military background checks, applications for positions of public trust (security clearances), and certain professional licensing boards. Understand these limitations when deciding whether to invest in the expungement process.

For immigration purposes, an expunged conviction may still count as a "conviction" under federal immigration law, which uses its own definition. If you are not a U.S.

citizen, consult an immigration attorney before pursuing expungement, as it does not necessarily protect immigration status.

The court filing fee in Florida is $75. Additional costs to budget for include: certified copies of court records ($10–$50), criminal background check ($15–$30), postage and service fees for notifying agencies ($25–$75), and attorney fees if you hire legal representation.

Attorney fees for expungement in Florida typically range from $500 to $2,500 depending on the complexity of the case, number of charges, and whether a hearing is required. Many attorneys offer a flat fee for straightforward expungements.

Some legal aid organizations in Florida provide free or reduced-fee expungement services for qualifying income-eligible applicants.

DIY expungement is possible in Florida for simple cases — especially if your record involves only one charge and there are no complicating factors. Many Florida courts provide self-help forms.

However, any errors in the petition or service can delay or derail the case, so professional guidance is recommended.

After expungement in Florida, you may legally answer "no" on most job applications, rental applications, and professional license applications when asked if you have been convicted of a crime. This is a significant practical benefit that can immediately improve employment prospects.

Studies consistently show that expungement recipients in states like Florida experience significant wage increases and improved employment stability. A 2020 University of Michigan study found expungement recipients experienced 22% wage growth in the two years following expungement.

Expungement in Florida can also restore certain civil rights, restore eligibility for some government assistance programs, and improve professional licensing prospects. Find a Florida expungement attorney to confirm your eligibility and handle the petition — many offer flat fees for straightforward cases.

Expungement is often the final step after resolving a criminal case. If you are still navigating the case itself, the Florida Criminal Defense Cost Estimator breaks down attorney fees, bail bond costs, and total case expenses by charge severity.

For cases involving a DUI, the Florida DUI Penalty Calculator shows the fines, license suspension, and other consequences by offense number. And if you are checking whether the statute of limitations has expired on related charges, the Florida Statute of Limitations Lookup covers criminal and civil filing deadlines.